In a criminal bail application regarding murder charges (IPC 304/302), the court released the applicant on bail with sureties, noting he was not initially named in the FIR and false implication was alleged, while choosing not to opine on case merits.
Release on bail with personal bond and two sureties under specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37369 of 2019
Applicant :- Tinkle Verma Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 814 of 2018, u/s 364, 302, 201 IPC, P.S. Tappal, District Aligarh with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the F.I.R. was lodged against five nominated accused and the applicant was not nominated in it. During investigation, named accused Monti was arrested by the police and in his confessional statement before the police name of the applicant surfaced. Then after six months, some witnesses of last seen were introduced by the prosecution that the applicant was also seen along with other accused and the deceased. Learned counsel states that the case of the applicant stands entirely on different footings with that of other co-accused who are nominated in the F.I.R. Learned counsel further pointed out that the applicant was falsely implicated for the offence u/s 307 IPC in a police encounter with no injury.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Tinkle Verma involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 7.11.2019 Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to release on bail under the given facts and circumstances.
Tinkle Verma
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
